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About two and a half years ago, two people died in an early morning fire in a building on Paris Street. Their families are still searching for answers.

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George Dodge, 85, and Lucy Kulik, 81, were killed on March 27, 2022when fire and smoke engulfed some units at Banyan Apartments. They lived in Unit 116.

Both left behind large, loving families and lots of questions. Kulik had three children – Kim, Ken and Karen – as well as three grandchildren. Dodge had two children – Carrie and Loring – three grandchildren and two great-grandchildren.

Both were predeceased by their long-term spouses and met later in life.

Family members met with municipal officials to find out what happened and what was wrong; however, their questions were not adequately answered, they said. Earlier this year, the two families filed a lawsuit, collectively seeking $2.5 million..

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A number of defendants are named in the suit, divided into three coordinating groups: the City of Greater Sudbury; the tenants of unit 118, where the fire broke out; and the owner.

The defendants include the Greater Sudbury Fire Department and the City of Greater Sudbury; Amanda Commanda, who lived in Unit 118, where the fire broke out; John and Jane Doe, who also occupied Unit 118; Ceming Investments Inc.; John Doe Maintenance Company; Cemcor Apartments Inc.; 1525, rue Paris SA; Gord Stauffer, the platoon leader the night of the fire; as well as four anonymous firefighters.

None of the allegations contained in the declarations or defense have been proven in court.

The lawsuit says Dodge and Kulik’s families suffered over their deaths (the statements regarding the elderly couple are identical).

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“Plaintiffs lost their care, advice and companionship following the deaths of Lucille (and George). These plaintiffs have suffered the permanent and profound loss of a valuable member of their close-knit family,” the statement said. “Lucille (and George) contributed significantly to their joy of life, their sense of happiness and the cohesion of the family. They will never fully recover from their loss. These plaintiffs also incurred funeral, burial, travel and other miscellaneous expenses to help them adjust to their loss. They also suffered monetary losses.

Additionally, the lawsuit said both families “suffered an injury of mental distress.”

Brian L. DeLorenzi of Sault Ste. The Marie-based law firm of O’Neill DeLorenzi Nanne represents the City of Greater Sudbury and the fire department. Stauffer; as well as the four firefighters.

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All of the above-mentioned defendants deny all allegations contained in the statement of claim.

“These Defendants deny that Plaintiffs have any right, at law or otherwise, to maintain an action for damages against these Defendants as alleged, or at all, and subject Plaintiffs to strict proof thereof,” the statement notes. of defense. “These defendants plead and deny that there were any actions and/or behaviors on the part of their party, or on the part of any person for whom they are responsible, whether agents, servants and/or employees, whether through wrongdoing and/or non-compliance. activity that in any way caused or contributed to the incident mentioned in the statement.

As part of the statement of defense, DeLorenzi also filed a cross-petition naming as defendants Commanda, John Doe and Jane Doe; 1525, rue Paris SARL; Ceming Investments Inc.; Cemcor Apartments Inc.; and/or John Doe maintenance company.

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The city and its employees are seeking compensation under the Negligence Act, as well as “contribution and indemnity at common law and equity for any amounts” for which they may be responsible.

Additionally, the city is seeking compensation for “the costs of the primary action, plus all applicable taxes; the costs of this incidental request, plus all applicable taxes; and such other additional relief” as the court may deem appropriate.

In his defense, DeLorenzi asserts that “at all relevant times the premises in question were in full compliance with all provisions of the Fire Protection and Prevention Act.”

The statement of claim also contends that any non-compliance “did not cause or contribute to the fire, which is the subject of this proceeding, or to the damages caused to the plaintiffs.”

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DeLorenzi maintains that the fire services were carried out “competently, thoroughly and professionally, in accordance with the standards in force in the Province of Ontario.” They responded to the fire “quickly, professionally and with adequate resources.”

DeLorenzi contends that Dodge and Kulik were responsible for their own deaths, as a result of “a pre-existing victim, injury or illness” and/or a “novus actus interveniens.”

It is a legal term to describe “an act or event that severs the causal link between a wrong or crime committed by the defendant and subsequent events, and thereby relieving the defendant of liability for those events” , indicates the Oxford reference (tinyurl.com/4xnepr5w).

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Dodge and Kulik were found in their bedroom several hours after the fire was extinguished. The coroner determined that both men died from smoke inhalation.

When she was found, Kulik was lying on her left side, in a semi-recumbent position. She was on the floor next to the bed. A green towel with what appeared to be soot was crumpled near his face. Dodge was sitting in a rocking chair near the bedroom window, which was open.

“These defendants plead that plaintiffs’ damages, if any, were not the result of negligence, breach of duty, or lack of care on the part of these defendants, or of any person for whom they are legally responsible,” the defense statement said. Remarks. “In the event that this honorable court finds that the plaintiffs actually suffered the alleged injuries, losses and/or damages, or not at all, which is not admitted but specifically denied, these defendants will plead that such injuries, losses and/or damages /or damage has been caused. or contributed to by the negligence of the late plaintiffs, Lucille Marielle Kulik and/or George Murray Dodge.

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Both in their eighties, Dodge and Kulik have had health problems. They both lived with hearing loss and had mobility issues. Dodge used a cane and Kulik, a walker. Carrie Moussa, Dodge’s daughter, told the Star they both suffered from severe arthritis. Kulik also suffered from coronary heart disease and chronic obstructive pulmonary disease. She needed oxygen.

DeLorenzi denies that the city or its staff are in any way responsible for the deaths of Dodge and Kulik; however, it contends that the injuries, damages or losses “are the result of injuries and accidents sustained before or after” the fatal fire.

It also argues that the losses were the result of “psychological, emotional and physical infirmities and problems of the plaintiffs which were before or after the event in question and which are not related to it.”

DeLorenzi contends that the damages sought by both families are “excessive, exaggerated and/or too remote to be recoverable in court.”

Finally, the defense claims that both deaths were the result of Commanda’s negligent acts; John Doe; Jane Doe; 1525, rue Paris SARL; Ceming Investments Inc.; Cemcor Apartments Inc.; and/or John Doe Maintenance Company.

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